CAUTION: While the information contained below is public, members should take caution that inappropriate use of this information may be considered to be an act of misconduct
Global Transport Insurance Brokers Inc.
Registration Number: A3137w2
Mississauga, Ontario
Robert W. Hilbert
Registration Number: R21100
Kitchener, Ontario
HEARING DATE: February 17, 2011
MISCONDUCT: Ont. Reg. 991, s. 14(1).
PARTICULARS OF THE COMPLAINT:
In February 2010, as a result of receiving a copy of a Court Order appointing external accountants to act as the receivers of Global Transport Insurance Brokers Inc. (hereinafter referred to as “Global Insurance Brokers”) the investigator contacted the accountants regarding the clients of this brokerage and the status of the office.
The investigator was advised that the office locks had already been changed, and the representatives from the external accounting firm had moved into conducting their audit in accordance to the Court Order.
RIBO worked with the accountants and the respective insurers of the clients of Global Transport Insurance Brokers. Each insured was informed of the situation and contacts were provided to them to contact their insurer or RIBO regarding the servicing of their insurance coverage. Letters went out to each client, outlining the information. In addition, to these letters, the insurers contacted their clients in writing and by phone to arrange for a smooth transition to another brokerage to service their account.
A representative from the external accounting firm advised RIBO that as RIBO was a named party on the court file actions, that once their review was completed and filed with the Courts that RIBO would then receive the information from their investigation of Global Transport Insurance Brokers.
A representative from the external accounting firm also said that when they were appointed as the receiver of this business, that Mr. Robert W. Hilbert, the Principal Broker attended the business location a few times and responded to some of their questions and concerns, however, as of late February 2010 that they had not heard further from Mr. Hilbert.
DISCIPLINE COMMITTEE’S DISPOSITION:
The Discipline Committee finds that Robert W. Hilbert was properly served with the Notice of Hearing and Direction on Friday, January 7, 2011.
The Discipline Committee finds that it has jurisdiction to hear this matter as the events in question occurred during the time Robert W. Hilbert was registered with RIBO.
The Discipline Committee heard the evidence of RIBO Investigator staff and also heard submissions from Counsel for RIBO, regarding the admissibility of a report prepared by external accountants, who were court appointed Receivers for Global Transport Insurance Brokers as well 5 other “sister” companies. As the author of the report was not available to testify at this hearing, RIBO proposed to put this document into evidence through its investigator who was responsible for RIBO’s investigation into Mr. Hilbert and Global Transport Insurance Brokers.
After considering the oral submissions made by RIBO’s outside Counsel and considers the Brief of Authorities submitted by him, The Discipline Committee agrees that the Report of the Receiver should be allowed into evidence. The Discipline Committee is of the opinion that the document is necessary and given that it was prepared by a Court Appointed Receiver, it is in all likelihood reliable and possesses a high degree of truthfulness.
The Discipline Committee accepted the evidence of the RIBO investigator and the Exhibit introduced by RIBO, and hearing no contradicting evidence, finds that the allegations contained under the Particulars of the Complaint of the Direction have been proven and finds that Robert W. Hilbert is guilty of misconduct as alleged therein. The Discipline Committee therefore ordered:
(a) That the Certificates of Registration of Robert W. Hilbert and Global Transport Insurance Brokers are revoked effective immediately.
(b) That a recommendation be made to the Qualification and Registration Committee that they not consider any application for reinstatement by Robert W. Hilbert for a period of five years, commencing from the date of this Order.
(c) That Robert W. Hilbert pay a fine in the amount of $5,000.00 made payable to the Minister of Finance and to be received in RIBO’s offices by no later than April 1, 2011.